lowshiells he heard it spoke off, that the king LINLITHGOW I. P. D. years, marryed, purged and sworne, and his Sic Subscribitur, JA. MURRAY. Hugh Scot of Gallowshiels, aged thretty six years, marryed, purged and sworne, and his former depositions emitted by him, and renewed before the justices in the tryall against Jerviswood, being now again publictlie read in presence of the justices and assysers, he judicially adheres thereto in all poynts, and that the same is truth, as he shall answer to God. Sic Subscribitur, HUGH SCOT. to give ane account to the pannall, what should them, viz. the signe was by loosing a button pass betwixt the countrey party in England, on the breast, and that the word was harand the Scotsmen ther. And on the other hand,mony.' Confesses that at the house of Galthe pannall was to write to him what occurred here. Confesses that Jerviswood sayd to him, if the king would suffer the parliament of England to sitt, and pass the Bill of Seclusion, that, that was the only way to secure the Protestant religion. Confesses that Jerviswood said to him, that the king might be induced to do so if the parliament would take sharp, or brisk measures with him, or the lyke words. Confesses these words were spoken by Jerviswood to him, since the holding of the last session of this current parliament, and before Jerviswood and Commissar Monro went for London. Confesses that after Jerviswood went for London, he did give the pannall ane account by letters, that things were in great disorder ther, and that he hoped ther would be effectual courses taken to remeid them. Confesses that Mr. Robert Martyne came to Torwoodlie's house, in May 1683, or thereby, and brought a letter to the pannall's lady unsubscribed, but the pannall knowes it was Jervis wood's write, who was then at London, and that Mr. Martine told the pannall, that things in England wer in great disorder, and lyke to come to ane height, and that the countrey party wer considering on methods for securing the Protestant religion; and that Archibald somtyme earl of Argyle, was to get ten thousand pounds sterling. Wheras threttie thousand pounds sterling was sought by the Scotsmen at London which was to be sent over to Holland, to provyd arms, and that the late Argyle was to land with thes arms in the west highlands in Scotland, and that Jerviswood was to be sent over with the money. Confesses that Philiphaugh and he went to Gallowshiel's house, wher they met with Polwart and Gallowshiels, and that it was talked among them ther, that in case those in England should rise in armes, that it wer necessar in that case, that so many as could be gotten on the borders, should be in readieness to deal with straglers, and seize upon horses, that therefter they should joine with those that were in arms on the borders of England. Confesses that in the case forsaid, it was said that it was convenient the castle of Stirline, Berwick, and some other strengths should be seized upon, and that the king's officers of state should be seized upon, and it was lykewayes spoke off amongst them, that some persons should be imployed to enquire what armes was in that countrey. Confesses that it was spoke there, that the best tyme for Argyle, was to land in the west, when there was a sturre in England, or Scotland, or words to that purpose. Confesses that every one desired another to speak to such particular persons as they could trust to, by letting a word fall indirectlie upon supposition, in case of the rising in England, concerning the affaire for preparing of them; and that he was told by Philiphaugh, therefter, that ther was a word and signe used amongst VOL. X. LINLITHGOW I, P. D. The Lords ordaine the Assysers to inclose and returne their Verdict to morrow, at twelve o'clock. CURIA JUSTICIARIE, S. D. N. Regis tenta in Pretorio Burgi de Edinburgh, sexto die mensis, January millesimo sexcentesimo octuagesimo quinto, per Nobilem et Potentem Comitem Georgium Comitem de Linlithgow, Justiciarium Generalem, et honorabiles viros, Dominos, Jacobum Foulis de Collingtoun, Justiciarie Clericum, Johannem Lockhart de Castlehill, Davidem Balfour de Forret, Rogerum Hog de Harcarss, Alexandrum Seton de Pitmedden, et Patricium Lyon de Carss Commissionaris Justiciarne dicti S. D. N. Regis. Curia legitime affirmata. The said day the noblemen and gentlemen who past upon the Assyse of Walter earle of Tarras, returned their Verdict in presence of the saids lords, wherof the tenour followes : "The Assyse by their unanimous voice find the crymes of art and part as being upon the contrivance of the conspiracy lybelled, and in concealing and not revealing the same, and of his accession to the designe of secluding his royall highness the duke from the succession proven against Walter earle of Tarras the pan3 Z him at liberty, upon his giveing good and 'sufficient security for his appearance before 'you at whatsoever tyme or tymes he shall be by you thereunto requyred, and to cause 'such a remissione to be drawne there and ⚫ sent up to our secretaries of state, for that ⚫ our ancient kingdome as you shall judge reasonable to be granted unto him in the termes aforesaid, which shall be soon signed by us and returned, in order to the security of his life and personall freedome, with his restauratione to his name, fame and good reputa 'shall be to you and all others respectively, who may be therein concerned, a sufficient well. Given at our court at Whyteball the 'warrant. And so wee bid you heartily faretwentieth and pynth day of January, 1684-5, and of our reigne the 36th year, by his ma'jesty's command. After reading and producing of the whilk verdict of assyse, the lords justice general, justice clerk, and commissioners of justiciary therfor be the mouth of James Johnstoun, dempster of court, decerned and adjudged the said Walter earle of Tarras to be execute to the death, demained as a traitor, and to underlye the paines of treason, and utter punishment ap-tion; for doing all which these presents pointed by the lawes of this realme, at such a tyme, place, and in such manner as the king's most excellent majesty shall appoynt, and ordaines his name, fame, memory and honours to be extinct, his blood to be tainted, and his armes to be riven furth, and delate out of the books of armes, sua that his posterity may never have place, nor be able herefter to bruik or injoy any honours, offices, titles or dignities, within this realme in tyme coming, and to have forfault amitted, and tint all and sundry his lands, heretages, titles, offices, tacks, steddings, roomes, possessions, goods, and geir whatsomever pertaining to him, to our soveraign lord's use, to remaine perpetuallie with his highness in property, which is pronounced for Doom. At a Meeting of the Council, apud Edin burgum, Quarto die Februarij, 1685. The Letter under written, direct from the king to the councill, giveing order for Walter Earle of Tarras liberty upon his giveing good and sufficient security in the termes mentioned in the said Letter, being read, was ordered to he recorded in the books of privie councill, and the clerks wer appoynted to prepare the draught of a remissione to him for his lyfe only, in such termes as the councill shall think reasonable; and upon this ryse, it was ordered, That all signatures for remissions hereafter shall bear, that the same are to passe the ordinary formie, and not per saltum, as has been of late done, of which letter the tenor followes: " CHARLES R. in Right trusty and right well beloved cou'sins and councellors, right trusty and well beloved cousins and councellors, right trusty ⚫ and well beloved councellors, and trusty and well beloved councellors, Wee greet you 'well. Whereas in compassione of the con⚫ ditione of Walter Scott, late earle of Tarras (now a prisoner there under the sentence of condemnatione for high treason) and in consideratione of the great penitence shewed by him as well before and at as since his tryall, 'wee are now graciously resolved to grant him 'a remissione as to his life only, in such termes as you shall think reasonable to advise us. It is now our will and pleasure, and wee doe hereby authorize and requyre you to sett Sic Subscribitur, 'I. DRUMMOND.' ' The Lords of his majesties privie councill doe hereby recommend to the lord high chan. cellor, to give warrant for the said Walter late earle of Tarras liberty, upon his finding security in the termes of his majesty's letter, under such a penalty as his lordship shall think fitt, and to give warrant to the clerks for receaving the security, and his lordship is to designe the penalty. by the Council to go to the country for his And upon March 10th, the earl was allowed health, upon his bond to compear when called, On the 16th of June, 1685, "All and whatsoever the lands, lordships, baronies, heretages, roums, possessions, milns, woods, fishings, tacks, steedings, teinds, annuabrents, patronages, wodsets, expyred apprysings and adjudications, castles, towers, fortalices, houses, biggings, yairds, orchyairds, annexis, connexis, tennents, goods and aikers, and all other heretages, lands and estates whatsomever pertaining and belonging to the earle of Tarras, and several other persons who had of late been forefaulted upon processes of treason, intented majesty's advocat against them, both before the at the instance of sir George Mackenzie his high court of parliament and the commissioners of justiciary, were annexed to the crown,* by the 42nd act of the 1st session of king James the seventh's first parliament. However, in the following year was passed the following act (29th of the 2nd session of king James the seventh's 1st parliament :) ACT OF DISSOLUTION IN FAVOURS OF THE LATE EARL OF TARRAS.-June 15th 1686. Our Sovereign Lord and estates of parlia ment, taking into their consideration, That his majesties commissioner, as having special warrand and instruction from his majesty, having * As to this see a Note p. 1009, of this volume, to give ane account to the pannall, what should pass betwixt the countrey party in England, and the Scotsmen ther. And on the other hand, the pannall was to write to him what occurred here. Confesses that Jerviswood sayd to him, if the king would suffer the parliament of England to sitt, and pass the Bill of Seclusion, that, that was the only way to secure the Protestant religion. Confesses that Jerviswood said to him, that the king might be induced to do so if the parliament would take sharp, or brisk measures with him, or the lyke words. Confesses these words were spoken by Jerviswood to him, since the holding of the last session of this current parliament, and before Jerviswood and Commissar Monro went for London. Confesses that after Jerviswood went for London, he did give the pannall ane account by letters, that things were in great disorder ther, and that he hoped ther would be effectual courses taken to remeid them. Confesses that Mr. Robert Martyne came to Torwoodlie's house, in May 1683, or thereby, and brought a letter to the pannall's lady unsubscribed, but the pannall knowes it was Jervis wood's write, who was then at London, and that Mr. Martine told the pannall, that things in England wer in great disorder, and lyke to come to ane height, and that the countrey party wer considering on methods for securing the Protestant religion; and that Archibald somtyme earl of Argyle, was to get ten thousand pounds sterling. Wheras threttie thousand pounds sterling was sought by the Scotsmen at London which was to be sent over to Holland, to provyd arms, and that the late Argyle was to land with thes arms in the west highlands in Scotland, and that Jerviswood was to be sent over with the money. Confesses that Philiphaugh and he went to Gallowshiel's house, wher they met with Polwart and Gallowshiels, and that it was talked among them ther, that in case those in England should rise in armes, that it wer necessar in that case, that so many as could be gotten on the borders, should be in readieness to deal with straglers, and seize upon horses, that therefter they should joine with those that were in arms on the borders of England. Confesses that in the case forsaid, it was said that it was convenient the castle of Stirline, Berwick, and some other strengths should be seized upon, and that the king's officers of state should be seized upon, and it was lykewayes spoke off amongst them, that some persons should be imployed to enquire what armes was in that countrey. Confesses that it was spoke there, that the best tyme for Argyle, was to land in the west, when there was a sturre in England, or Scotland, or words to that purpose. Confesses that every one desired another to speak to such particular persons as they could trust to, by letting a word fall indirectlie upon supposition, in case of the rising in England, concerning the affaire for preparing of them; and that he was told by Philiphaugh, therefter, that ther was a word and signe used amongst VOL. X. 6 them, viz. the signe was by loosing a button on the breast, and that the word was harmony.' Confesses that at the house of Gallowshiells he heard it spoke off, that the king by petitions or force, might be brought to abandon his royall brother, and to delyver him to a legall tryall, (or words to that purpose) as a sure remedy for settling all disorders, and repairing all grievances, both in England and Scotland, and a certane step for secluding the duke from the succession. And that he heard it talked ther, that sir John Cochran was to come to Scotland with the rest of the Scotsmen. Sic Subscribitur, TARRAS. CURIA JUSTICIARIE, S. D. N. Regis tenta in Pretorio Burgi de Edinburgh, sexto die mensis, January millesimo sexcentesimo octuagesimo quinto, per Nobilem et Potentem Comitem Georgium Comitem de Linlithgow, Justiciarium Generalem, et honorabiles viros, Dominos, Jacobum Foulis de Collingtoun, Justiciarie Clericum, Johannem Lockhart de Castlehill, Davidem Balfour de Forret, Rogerum Hog de Harcarss, Alexandrum Seton de Pitmedden, et Patricium Lyon de Carss Commissionaris Justiciarie dicti S. D. N. Regis. Curia legitime affirmata. The said day the noblemen and gentlemen who past upon the Assyse of Walter earle of Tarras, returned their Verdict in presence of the saids lords, wherof the tenour followes : "The Assyse by their unanimous voice find the crymes of art and part as being upon the contrivance of the conspiracy lybelled, and in concealing and not revealing the same, and of his accession to the designe of secluding his royall highness the duke from the succession proven against Walter earle of Tarras the pan32 him at liberty, upon his giveing good and nall, in respect of the pannall's confession and petition, and the deposition of the witnesses ad-sufficient security for his appearance before duced. Sic Subscrib. LAUDERDALE, Chancellor. After reading and producing of the whilk verdict of assyse, the lords justice general, justice clerk, and commissioners of justiciary therfor be the mouth of James Johnstoun, dempster of court, decerned and adjudged the said Walter earle of Tarras to be execute to the death, demained as a traitor, and to underlye the paines of treason, and utter punishment appointed by the lawes of this realme, at such a tyme, place, and in such manner as the king's most excellent majesty shall appoynt, and ordaines his name, fame, memory and honours to be extinct, his blood to be tainted, and his armes to be riven furth, and delate out of the books of armes, sua that his posterity may never have place, nor be able herefter to bruik or injoy any honours, offices, titles or dignities, within this realme in tyme coming, and to have forfault amitted, and tint all and sundry his lands, heretages, titles, offices, tacks, steddings, roomes, possessions, goods, and geir whatsomever pertaining to him, to our soveraign lord's use, to remaine perpetuallie with his highness in property, which is pronounced for Doom. At a Meeting of the Council, apud Edin burgum, Quarto die Februarij, 1685. The Letter under written, direct from the king to the councill, giveing order for Walter Earle of Tarras liberty upon his giveing good and sufficient security in the termes mentioned in the said Letter, being read, was ordered to he recorded in the books of privie councill, and the clerks wer appoynted to prepare the draught of a remissione to him for his lyfe only, in such termes as the councill shall think reasonable; and upon this ryse, it was ordered, That all signatures for remissions hereafter shall bear, that the same are to passe in the ordinary forme, and not per saltum, as bas been of late done, of which letter the tenor followes: 'CHARLES R. Right trusty and right well beloved cousins and councellors, right trusty and well beloved cousins and councellors, right trusty and well beloved councellors, and trusty and 'well beloved councellors, Wee greet you 'well. Whereas in compassione of the con'ditione of Walter Scott, late earle of Tarras (now a prisoner there under the sentence of condemnatione for high treason) and in consideratione of the great penitence shewed by ' him as well before and at as since his tryall, 'wee are now graciously resolved to grant him a remissione as to his life only, in such termes as you shall think reasonable to advise us. It is now our will and pleasure, and wee doe hereby authorize and requyre you to sett you at whatsoever tyme or tymes be sha be by you thereunto requyred, and to cause 'such a remissione to be drawne there and 'sent up to our secretaries of state, for that ⚫our ancient kingdome as you shall judge rea 'sonable to be granted unto him in the termes aforesaid, which shall be soon signed by us ' and returned, in order to the security of he ratione to his name, fame and good reputalife and personall freedome, with his restau'tion; for doing all which these presents 'shall be to you and all others respectively, who may be therein concerned, a sufficient well. Given at our court at Whyteball the 'warrant. And so wee bid you heartily fareand of our reigne the 36th year, by his ma ' twentieth and nynth day of January, 1664-5, 'jesty's command. Sic Subscribitur, 'I. DRUMMOND.' The Lords of his majesties privie council doe hereby recommend to the lord high chan cellor, to give warrant for the said Walter latt earle of Tarras liberty, upon his finding seca rity in the termes of his majesty's letter, under such a penalty as his lordship shall think fist, and to give warrant to the clerks for receaving the security, and his lordship is to designe the penalty. by the Council to go to the country for his And upon March 10th, the earl was allowed health, upon his bond to compear when called. On the 16th of June, 1685, "All and whatsoever the lands, lordships, baronies, heretages, roums, possessions, milns, woods, fishings, tacks, steedings, teinds, annuabrents, patronages, wodsets, expyred apprysings and adjudications, castles, towers, fortalices, houses, biggings, yairds, orchyairds, annexis, connexis, tennents, goods and aikers, and all other heretages, lands and estates whatsomever pertaining and belonging to the earle of Tarras, and several other persons who had of late been forefaulted upon processes of treason, intented at the instance of sir George Mackenzie his majesty's advocat against them, both before the high court of parliament and the commissioners of justiciary, were annexed to the crown,* by the 42nd act of the 1st session of king James the following year was passed the following the seventh's first parliament. However, in act (29th of the 2nd session of king James the seventh's 1st parliament :) ACT OF DISSOLUTION IN FAVOURS OF THE LATE EARL OF TARRAS.-June 15th 1686. ment, taking into their consideration, That his Our Sovereign Lord and estates of parliamajesties commissioner, as having special warrand and instruction from his majesty, having * As to this see a Note p. 1009, of this volume, made the sixteenth day of June one thousand six hundred eighty five, and from all other acts of annexation, and from all clauses, qualities, and conditions therein contained. And his majesty, with advice and consent foresaid, finds, decerns, and declares, That this present act of dissolution, having proceeded upon the advice and deliberation of the estates of parlia ment re integra, and found by the saids estates, to be for great, weighty, and reasonable causes, concerning the good, welfare and public interest of the whole kingdom, first proposed and advised, and maturely pondered and considered before any previous grant or other right or deed given, made, or done by his majesty, in favours of the said Walter late earl of Tarras, and his foresaids, of the lands and others above mentioned, or any part or portion of the same, does fully satisfie the whole clauses, conditions, and proposed and expounded in plain parliament, the great benefite and advantage, that did arise to the crown and government of this kingdom, by the full and sincere confession made by Walter late earl of Tarras, of several matters and circumstances, relating to the late horrid, conspiracy, the discovery whereof, did in a great measure contribute towards the preventing the fatal consequences and effects, which so apparently threatened the peace of his majesty's dominions. As also the promises and assurances given to him at the time of the said discovery of his prince's bounty and favour upon that account: All which being proposed and laid open in plain parliament, to the end the three estates might give his majesty their judgment, advice and determination re integrå, whether the same were true, good, and reasonable causes for dissolving from the crown, the lands of Robertoun, Howcleuch, and Borth-qualifications contained in the forsaid act of wick Mains, with the pertinents which formerly appertained to the said Walter, late earl of Tarras, and came in his majesties hands through the doom and sentence of forefaulture, given and pronounced against him before the Lords of his majesties justiciary, upon the day of * annexation, and shall have the force, strength, and effect of a general law, or act of parliament, and shall be also valid and effectual to the said Walter late earl of Tarras, and his foresaids, for their security of the lands and others above-exprest, as any other act of disone thousand six hun- solution, granted by his majesty, or his royal dred years, and were annexed to the ancestors, with advice and consent of the escrown, by the 42d act of the first session of tates of parliament, in favours of whatsoever this current parliament; and the saids estates person at any time heretofore. Likeas his of parliament, after mature deliberation, and majesty, with advice and consent foresaid, treating and consulting anent the premisses, finds, decerns, and declares, That this present being fully satisfied and convinced, that the Act of Dissolution shall not be understood to particular services done and performed by the to fall under or be comprehended in any act said Walter late earl of Tarras, in his confes-Salvo jure, to be past in this, or any other sion and discovery foresaid, and the benefit and advantage thereby accruing to the crown and kingdom, and the promises and assurances given to him of his prince's bounty and favour the truth whereof is sufficiently known, and was made appear to them, are just, weighty and important causes, concerning both his majesties interest, and the public good and welfare of this kingdom, that they should advise and consent to his majesties giving and disponing of the saids lands of Robertoun, Howeleuch, and Borthwick-Mains, with the pertinents, to the said Walter late earl of Tarras, his heirs and ́ation, that there are several acts of ratificaassigneys; and for that effect, that the same should be dissolved from the crown, and from the foresaid Act of Annexation. Therefore, His majesty, with advice and constant of the estates of parliament, decerns, ordains, and declares that the saids lands of Robertoun, Howcleuch, and Borthwick Mains, with the pertinents, may be disponed to the said Walter, late earl of Tarras, and his foresaids; and for that effect, has dissolved, and hereby dissolves the same from the crown and patrimony there. of, and from the foresaid Act of Annexation * Upon the Trial of Baillie of Jerviswood sir George M'Kenzie the king's advocate, in maintaining the admissibility of Terras's testimony, said, that the earl had not, nor had he ever sought any security in order to his deponing. See p. 669 of this Volumes * It was usual, at the end of a session of the parliament of Scotland, to pass an act saving the rights of persons who had not been heard previously to the passing of acts by which their interests might be affected. This was called " Act Salvo Jure Cujuslibet." Thus, the following was passed at the end of the session in which this act in favour of Lord Tarras had been enacted. Act Salvo Jure Cujuslibet, June 15, 1686.' tion, and others past and made in this session of parliament, in favours of particular persons, without calling or hearing of such as 'may be thereby concerned or prejudged. Therefore his majesty, with advice and con'sent of the estates of parliament, statutes and ordains, That all such particular acts, and acts of ratification past in manner foresaid, shall not prejudge any third party of their lawful rights, nor of their actions and defences competent thereupon, before the making of the saids particular acts, and acts of rati'fications; and that the lords of session, and all other judges of this kingdom, shall be obliged to judge betwixt parties, according to their several rights, standing in their persons, before the making of the saids acts: all which are hereby exponed, and declared to have been 'Inade Salvo Jure Cujuslibet? 6 |